Jose vs Jiji

A. Badharudeen, J

This revision petition has been filed under Section 19(4) of the Family Court Act, 1984, challenging the order in M.C. No.69/2014 dated 30.01.2016 whereby the Family Court, Palakkad granted maintenance at the rate of Rs.2,000/- to the 2nd respondent and Rs.1,500/- to the 3rd respondent herein who are petitioner Nos. 2 and 3 in the MC. The revision petitioner is the respondent in the above MC.

Heard the learned counsel for the petitioner. Though notice issued to the respondents, they did not appear.

The learned counsel for the revision petitioner submitted that even though the amount granted by the Family Court cannot be held as so exorbitant, now huge amount is due in arrears. Therefore, the revision petitioner may be granted time to pay the amount.

On  perusal  of  the  impugned  order, the  Family Court rightly rejected the claim of maintenance in so far as the 1st respondent/1st petitioner in the MC is concerned, on the finding that the 1st respondent has been living in adultery. Thereafter, the Family Court granted a meagre sum of Rs.2,000/- and Rs.1,500/- to respondent Nos. 2 and 3 respectively.

On merits, nothing to be interfered in the order impugned whereby the Family Court granted maintenance at the rate of Rs.2,000/- to the 2nd respondent and Rs.1,500/-to the 3rd respondent herein. Therefore, the revision petition must fail. Accordingly, the revision petition stands dismissed.

Taking note of the submission of the learned counsel for the revision petitioner that the revision petitioner may be given some time to pay the arrears of maintenance, there shall be a direction to the revision petitioner to clear the entire arrears of maintenance at the rate of Rs.2,000/-to the 2nd respondent and Rs.1,500/- to the 3rd respondent within a period of thirty days.

It is made clear that the amount, if any, deposited during the pendency of this revision petition shall be adjusted appropriately and the balance amount alone needs to be paid by the revision petitioner.